A defense attorney is obligated to protect the due-process rights of their clients by zealously representing their cases “within the bounds of the law” (Pollock, 2004, p. 253). A defense attorney should always maintain honesty, and disclose all evidence and information even if it is harmful to their case. While upholding all the ethical obligations, a defense attorney must “maintain a professional and courteous relationship with the opposing attorneys, litigants, and witnesses” (Pollock, 2004, p. 253).
A prosecuting attorney is obligated to represent public interest, and obtain convictions of guilty criminals. The prosecutor must always have probable cause, and make important decisions about cases after careful consideration of witness reliability, public or political interest; and does so in seeking justice. A prosecutor must always avoid conflicts of interest, such as a private client becoming a defendant; or when it seems that a prosecutor is more interested in a high-profile for personal gain or notoriety, rather than for pursuing justice.
The obligations of both a defense and prosecuting attorney are similar in that they both are expected to uphold justice, and to ensure that the law is being followed in the court process. The difference between the two is that prosecuting attorneys have a responsibility to represent the state or federal court system; and defense attorneys are responsible for representing the constitutional rights of the defendant(s).
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